Home | Member Updates | Family and domestic violence general protections: new fact sheet published
Summary: The Fair Work Commission has published a plain language fact sheet on some recent changes to the general protections under the Fair Work Act 2009.
General protections changes: family and domestic violence
The Fair Work Act prohibits an employer from taking adverse action against an employee, or potential employee, because of their protected attribute. These laws cover most employees and businesses.
From 15 December 2023, ‘subjection to family and domestic violence’ is a protected attribute.
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Changes to general protections
Family and domestic violence
Fair Work Commission fact sheet Published 13 March 2024
Changes to general protections: family and domestic violence Page 1 of 3
From 15 December 2023, an employer cannot take adverse action against an employee
or potential employee because they have been, or are being, subjected to family and
domestic violence.
The Fair Work Act prohibits an employer from taking adverse action against an employee, or potential
employee, because of their protected attribute. These laws cover most employees and businesses.
Examples of protected attributes include a person’s:
• age, gender, race and religion
• pregnancy and family or carer responsibilities
From 15 December 2023, ‘subjection to family and domestic violence’ is also a protected attribute.
See section 351(1) and section 772(1)(f) of the Fair Work Act 2009 for a full list of protected
attributes.
Examples of adverse action include:
• dismissing an employee
• treating them differently
• demoting them to a lower job
• not hiring someone
• cutting their shifts or hours
• offering a potential employee different (unfair)
terms and conditions compared to other employees
Visit our website to learn more about adverse action and prohibited reasons.
Family and domestic violence
Fair Work Commission fact sheet Published 13 March 2024
Changes to general protections: family and domestic violence Page 1 of 3
From 15 December 2023, an employer cannot take adverse action against an employee
or potential employee because they have been, or are being, subjected to family and
domestic violence.
The Fair Work Act prohibits an employer from taking adverse action against an employee, or potential
employee, because of their protected attribute. These laws cover most employees and businesses.
Examples of protected attributes include a person’s:
• age, gender, race and religion
• pregnancy and family or carer responsibilities
From 15 December 2023, ‘subjection to family and domestic violence’ is also a protected attribute.
See section 351(1) and section 772(1)(f) of the Fair Work Act 2009 for a full list of protected
attributes.
Examples of adverse action include:
• dismissing an employee
• treating them differently
• demoting them to a lower job
• not hiring someone
• cutting their shifts or hours
• offering a potential employee different (unfair)
terms and conditions compared to other employees
Visit our website to learn more about adverse action and prohibited reasons.
Download PDF
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Find out more
Visit the Fair Work Commission website to learn more about the general protections including who the general protections laws cover.
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